Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Criminal History Decay topic
No spam. Unsubscribe anytime.
Trainer explains how felony priors, custody and decay affect criminal-history scoring
Summary
The commission trainer reviewed how imposed duration (366 vs. 365 days), custody status and a 15-year decay window determine whether priors count in felony criminal history and how warrants pause decay.
Unidentified Presenter, a trainer with the Sentencing Guidelines Commission, explained how imposed-sentence durations, custody status and the decay window determine whether a prior appears in felony criminal history.
The trainer reviewed the statutory-duration threshold that distinguishes felonies from gross misdemeanors for history purposes: "If the felony was sentenced before 07/01/2023... felonies got 366 days. After July 1 ... felonies got 365 days," the presenter said, and warned practitioners to check the sentencing date when a 365-day count appears. The presenter emphasized that a non-Minnesota felony generally remains at 366 days to stay a felony in criminal history.
Presenter described the 15-year decay rule: "Felony priors are going to remain in criminal history for 15 years from the established starting date to the date the current defense occurs." The trainer explained that the starting date depends on how the prior was resolved (disposition/sentencing date for noncustodial dispositions, or the expiration of a prison term when custody occurred). Active custody or outstanding warrants prevent decay while custody persists.
Practical implications included: verify disposition and sentencing dates; answer custody questions correctly in the electronic worksheet system so decay is calculated properly; and remember that stays of imposition remain at felony level until revoked. The presenter closed with a reminder that the commission will offer more training on non-Minnesota offenses in the next session.
